A. “Party”: any party to the above-captioned actions, including all of its officers, directors, employees, consultants, retained experts and consultants, and outside counsel (and their support staff).

B. “Receiving Party”: any Party that receives or obtains access to documents produced by Intel in the actions that are designated as being subject to this Order.

C. “Designating Party”: Intel or a Party that produces Intel owned or generated materials or information.

D. “Material”: all information, documents, items and things produced, served or otherwise provided in this action (whether paper, electronic, tangible or otherwise) by the parties or by non-parties.

E. “INTEL CONFIDENTIAL” Material: Material that Intel believes in good faith is not generally known to others, and which Intel (i) would not normally reveal to third parties except in confidence or has undertaken with others to maintain in confidence, (ii) believes in good faith is protected by a right to privacy under federal or state law, or any other applicable privilege or right related to confidentiality or privacy, or (iii) believes in good faith to constitute or to contain trade secrets or other confidential research, development, or commercial information. INTEL CONFIDENTIAL Material shall include all Material including or incorporating the foregoing, including but not limited to copies, summaries, and abstracts of the foregoing, and shall be designated as such in the manner described in Section 2.

F. “INTEL OUTSIDE COUNSEL RESTRICTED” Material: Material that a Designating Party believes in good faith is not generally known to others and has significant competitive value such that unrestricted disclosure to others would create a substantial risk of serious injury, and which Intel (i) would not normally reveal to third parties except in confidence or has undertaken with others to maintain in confidence, (ii) believes in good faith is protected by a right to privacy under federal or state law or any other applicable privilege or right related to confidentiality or privacy, or (iii) believes in good faith constitutes proprietary financial, technical or commercially sensitive competitive information that Intel maintains as highly confidential in its business. INTEL OUTSIDE COUNSEL RESTRICTED Material shall include all Material including or incorporating the foregoing, including but not limited to copies, summaries, and abstracts of the foregoing, and shall be designated as such in the manner described in Section 2. Material designated as INTEL OUTSIDE COUNSEL RESTRICTED is automatically subject to the PROSECUTION BAR in Section 11.

G. “INTEL RESTRICTED SOURCE CODE” Material: Computer code, firmware code, hardware description language (HDL) code or configuration information that describes the implementation and design of software or hardware that a Designating Party believes in good faith constitutes proprietary technical information that Intel maintains as highly confidential and the loss of which could cause Intel significant injury.

*2 H. “Designated Intel Material”: Material that is designated “INTEL CONFIDENTIAL,” “INTEL OUTSIDE COUNSEL RESTRICTED” and “INTEL RESTRICTED SOURCE CODE” under this Supplemental Protective Order.

I. “Outside Counsel”: (i) any attorney (including litigation and clerical support staff) who is not an employee, director, or officer of a Party (including the Party's parents, affiliates, or subsidiaries), but who is counsel of record for a Party, and (ii) any partners, principals, counsel, associates, employees, and contract attorneys of such Outside Counsel to whom it is reasonably necessary to disclose the information for the actions.

J. “In-House Litigation Counsel”: any attorney who is an employee in the legal department of a Party and whose responsibilities are to manage or oversee litigation and who does not engage in competitive decision-making (and his or her support staff such as paralegals and administrative assistants), and who shall not from the date of entry of this Supplemental Protective Order through a period of one (1) year following the final conclusion of the actions be engaged in: (i) the participation in, or approval of any aspect of speech coding in product design or manufacture, (ii) the filing or prosecution of any patent or trademark applications in the field of speech coding (except that In-House Litigation Counsel is not precluded from participation in post-grant proceedings, including without limitation, inter partes review proceedings or other opposition proceedings before the United States Patent and Trademark Office or any foreign patent office or agency), (iv) or the review or negotiation of any contract with a Designating Party related to speech coding.

K. “Outside Consultant”: a person with specialized knowledge or experience in a matter pertinent to the action who has been retained by a Party or its Outside Counsel to serve as an expert witness or as a consultant in the actions (including any necessary support personnel of such person to whom disclosure is reasonably necessary for the actions) and who is not: (i) a current or anticipated employee of Intel or of Intel's competitors in the design and marketing of modems for wireless telecommunications, or (ii) a consultant involved in product and/or process design or development for Intel or its competitors in the market for modems for wireless telecommunications.

L. “Professional Vendors”: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, organizing or processing data) and their employees and subcontractors. This definition includes a professional jury or trial consultant retained in connection with this action and mock jurors retained by such a consultant to assist them in their work. Professional Vendors do not include consultants who fall within the definition of Outside Consultant.

M. “Involved In The Prosecution Of Patents Or Patent Applications:” participation in any way in: (i) reexamination proceedings or (ii) drafting, reviewing, approving or prosecuting any portion (e.g., any claim, any figure, or any specification language) of a patent application (including, but not limited to, provisional, non-provisional, original, continuation, continuation-in-part, divisional, reissue, and/or continued prosecution applications) or any portion of any amendment, response, reply, or other paper submitted to the United States Patent and Trademark Office (including the United States Board of Patent Appeals and Interferences) or any foreign agency responsible for examining or issuing patents.

*3 Designated Intel Material and the substance and content thereof, including any copies, notes, memoranda, summaries, excerpts, compilations, or other similar documents, shall be used by a Receiving Party solely for the purpose of the actions and not for any other purpose, including, without limitation, any business or commercial purpose, or dissemination to the media or public. Any person in possession of Designated Intel Material shall exercise reasonably appropriate care with regard to storage, custody, or use of such Material in order to ensure that the confidential nature of the Material is maintained. If Designated Intel Material is disclosed or comes into the possession of any person other than in the manner authorized by this Supplemental Protective Order, any Party having knowledge of the disclosure must immediately inform Intel of all pertinent facts relating to such disclosure and shall make reasonable efforts to retrieve such Material and to prevent further disclosure.

(a) Documents and Other Tangible Materials. The designation of Material in the form of documents, discovery responses, or other tangible materials (other than depositions or other pre-trial testimony) shall be made by conspicuously affixing (physically or electronically) the legend “INTEL CONFIDENTIAL,” “INTEL OUTSIDE COUNSEL RESTRICTED” or “INTEL SOURCE CODE RESTRICTED” on each page containing information to which the designation applies (or in the case of computer medium on the medium label and/or cover). To the extent practical, the legend shall be placed near the Bates number identifying the Material. If a document has more than one designation, the more restrictive or higher designation applies.

(b) Nontangible Materials. All Designated Intel Materials that are not reduced to documentary, tangible, or physical form or that cannot be conveniently designated in the manner set forth in Section 2(a) above shall be designated by the Designating Party by informing the Receiving Party in writing.

(c) Deposition Testimony and Transcripts. Intel, or a party possessing Intel-owned or Intel-originated information or documentation may designate as INTEL CONFIDENTIAL or INTEL OUTSIDE COUNSEL RESTRICTED Material that is disclosed at a deposition by indicating on the record at the deposition that the testimony is INTEL CONFIDENTIAL or INTEL OUTSIDE COUNSEL RESTRICTED and is subject to the provisions of this Supplemental Protective Order. Intel or any Party may also designate Material as INTEL CONFIDENTIAL or INTEL OUTSIDE COUNSEL RESTRICTED by notifying the court reporter and all of the parties, in writing within thirty (30) days after receipt of the final deposition transcript, of the specific pages and lines of the transcript that should be treated thereafter as INTEL CONFIDENTIAL or INTEL OUTSIDE COUNSEL RESTRICTED. Each Party shall attach a copy of such written notice or notices to the face of the transcript and to each copy thereof in that Party's possession, custody, or control.

(a) Inadvertent Failures to Properly Designate. If Intel or any Party inadvertently produces Designated Intel Material without labeling or otherwise designating it in accordance with the provisions of this Supplemental Protective Order, it may provide written notice to the Receiving Party that the Material produced is designated INTEL CONFIDENTIAL, INTEL OUTSIDE COUNSEL RESTRICTED, or INTEL SOURCE CODE RESTRICTED and should be treated as such in accordance with the provisions of this Supplemental Protective Order. The Receiving Party must treat such Designated Intel Material according to the most stringent designation applied from the date such notice is received. If, before receiving such notice, the Receiving Party disclosed such Designated Intel Material to recipients who are not authorized to receive it under the most recent designation, the Receiving Party must immediately inform Intel of all pertinent facts relating to such disclosure and make all reasonable efforts to assure that the Designated Intel Material is treated in accordance with the provisions of this Supplemental Protective Order, including retrieving any copies that may have been disclosed to unauthorized recipients.

*4 (b) No Waiver of Privilege. The inadvertent disclosure of Material, which Intel claims should not have been produced or disclosed because of the attorney-client privilege, the work product immunity or any other applicable privilege or immunity, shall not be deemed to be a waiver of any such privilege or immunity to which Intel would have been entitled had the Material not inadvertently been produced or disclosed. Upon request by Intel, the Receiving Party shall immediately return all copies of such inadvertently produced Material.

No Material shall be deemed INTEL CONFIDENTIAL, INTEL OUTSIDE COUNSEL RESTRICTED, or INTEL RESTRICTED SOURCE CODE if:

(a) it is in the public domain at the time of disclosure;

(b) it becomes part of the public domain as a result of publication not involving a violation of this Supplemental Protective Order;

(c) the Receiving Party can show it was in the Receiving Party's rightful and lawful possession at the time of disclosure;

(d) the Receiving Party lawfully received it from a nonparty without restriction as to disclosure, provided such nonparty has the right to make the disclosure to the Receiving Party; or

(e) the Receiving Party can show it was independently developed by the Receiving Party after the time of disclosure by personnel who did not have access to the Producing Party's Designated Intel Material.

(a) Written Notice. Intel shall use reasonable care when designating Material as INTEL CONFIDENTIAL, INTEL OUTSIDE COUNSEL RESTRICTED, or INTEL RESTRICTED SOURCE CODE. Nothing in this Supplemental Protective Order shall prevent a Receiving Party from contending that any Material has been improperly designated. If the Receiving Party disagrees with the designation of any Material, the Receiving Party may challenge such designation by providing Intel with written notice of such challenge and by identifying the Material as specifically as possible. The challenge should be made as soon as is practicable following production, and unreasonable delay may be considered a waiver of the challenge if the circumstances so warrant. If Intel and the Receiving Party do not resolve the dispute within thirty (30) days of Intel receiving written notice of the challenge, the Receiving Party may file a motion with the Court challenging the designation as invalid as set forth below.

(b) Meet and Confer. A Receiving Party that elects to challenge a designation must do so in good faith and, in addition to the written notice, must confer directly (in voice to voice dialogue; other forms of communication are not sufficient) with counsel for Intel. In conferring, the Receiving Party must explain the basis for its belief that the confidentiality designation was not proper and must give Intel an opportunity to review the Material challenged and to reconsider the circumstances, and if no change in designation is offered, to explain the basis for the chosen designation. A Receiving Party may file a motion challenging the designation only if it has engaged in this meet and confer dialogue first. Each such motion must be accompanied by a competent declaration that affirms that the movant has complied with these meet and confer requirements and that sets forth with specificity the justification for the designation that was given by Intel in the meet and confer dialogue.

(c) Judicial Intervention. The burden of persuasion in any such challenge proceeding shall be on Intel. Until the Court rules on the challenge, all parties shall continue to afford the Material in question the level of protection to which it is entitled under Intel's designation.

*5 Intel Material made available for inspection by Outside Counsel for the Receiving Party shall initially be considered to be INTEL OUTSIDE COUNSEL RESTRICTED and subject to this Supplemental Protective Order even though no formal designation has yet been made. Thereafter, Intel shall have a reasonable time to review and designate the inspected Material as INTEL CONFIDENTIAL, INTEL OUTSIDE COUNSEL RESTRICTED, or INTEL RESTRICTED SOURCE CODE prior to furnishing copies to the Receiving Party.

Unless otherwise ordered by the Court or permitted in writing by Intel, INTEL CONFIDENTIAL Material shall not be disclosed, directly or indirectly, to anyone except the following (and those identified in Section 18 below regarding use of Designated Intel Material at depositions):

(a) The Court and its personnel.

(b) Outside Counsel for each Party whose functions require access to INTEL CONFIDENTIAL Material.

(c) In-House Litigation Counsel for each Party whose functions require access INTEL CONFIDENTIAL Material.

(d) Outside Consultants, subject to the provisions and limitations set forth in Section 15 herein.

(e) Employees, officers, and directors of a Receiving Party who have responsibility for maintaining, defending, or evaluating the actions (and supporting personnel thereof). This paragraph does not permit any Material subject to the Prosecution Bar of Section 11 below to be shown to any employee, officer, or director. No INTEL CONFIDENTIAL Material shall be disclosed to a Party employee, officer, or director until the individual has signed the Confidentiality Agreement attached hereto as Exhibit A, thereby declaring that he or she has read and understands this Supplemental Protective Order and agrees to be bound by its provisions. Such written agreement shall be retained by counsel for the Receiving Party and must be provided to Intel within seven (7) days after execution.

Unless otherwise ordered by the Court or permitted in writing by Intel, INTEL OUTSIDE COUNSEL RESTRICTED Material shall not be disclosed, directly or indirectly, to anyone except the following (and those identified in Section 18 below regarding use of Designated Intel Material at depositions):

(a) The Court and its personnel.

(b) Outside Counsel for each Party whose functions require access to INTEL OUTSIDE COUNSEL RESTRICTED Material.

(c) Outside Consultants, subject to the provisions and limitations set forth in Section 15 herein. Access to Protected Material designated INTEL OUTSIDE COUNSEL RESTRICTED shall be limited to up to three outside consultants or experts (i.e. not existing employees or affiliates of a Party or an affiliate of a Party) retained for the purpose of the actions and approved to access such Materials pursuant to section 15 of this Supplemental Protective Order.

Unless otherwise ordered by the Court or permitted in writing by Intel, INTEL RESTRICTED SOURCE CODE Material shall not be disclosed, directly or indirectly, to anyone except the following (and those identified in Section 18 below regarding use of Designated Intel Material at depositions):

(a) The Court and its personnel.

(b) Outside Counsel for each Party whose functions require access to INTEL RESTRICTED SOURCE CODE Material.

(c) Outside Consultants, subject to the provisions and limitations set forth in Section 15 herein. Access to Material designated INTEL RESTRICTED SOURCE CODE shall be limited to up to three outside consultants or experts retained for the purpose of the actions and approved to access such Materials pursuant to paragraph 15 of this Supplemental Protective Order.

*6 Access to materials designated as INTEL RESTRICTED SOURCE CODE shall be subject to the Prosecution Bar of Section 11 and to the following additional restrictions:

(a) Such code and schematics shall be provided on a stand-alone computer (i.e., not connected to a network or the Internet) in a secure location at the office of Intel, its counsel, or the office of the Producing Party. Intel, its counsel, or the Producing Party shall provide access to this stand-alone computer during regular business hours on reasonable notice. Intel may require individuals using the stand-alone computer to leave any electronic devices, cameras or phones outside the code review facility.

(b) Intel or the Producing Party shall produce such code and schematics in computer-searchable format, such as computer-searchable PDFs, sufficient to allow a user to search and view the code, and to view the schematics.

(c) Except as provided in paragraphs (d) through (f), below, the Receiving Party is not to print or otherwise make copies of INTEL RESTRICTED SOURCE CODE. Upon request Intel will print a reasonable number of pages of INTEL RESTRICTED SOURCE CODE from the material maintained on the source code review computer. The code is to be reviewed and analyzed using the source code review computer. Printed source code is to be provided by Intel solely for the purpose of post-analysis reference and to assist the parties during preparation of pleadings, preparation for depositions, and the like. The parties are not to ask Intel to print contiguous passages to facilitate review of the code away from the review computer. A reasonable request for printed code shall be presumed to extend for no more than 5 contiguous pages and no party shall request more than 400 total printed pages of code. These limits may be increased by agreement of the parties or upon a showing of need. Upon request, Intel will deliver up to 3 sets of copies per party of the requested source code to the offices of the parties' Outside Counsel. Outside Counsel will maintain the delivered copies of the code in a locked location within the office where it will not be accessible to persons other than those allowed access under this Supplemental Protective Order. The code is not to be removed from the location where it was delivered without prior approval from Intel. Except as explicitly permitted below, INTEL RESTRICTED SOURCE CODE material is not to be copied or scanned by the Receiving Party.

(d) A Receiving Party that wants to use any material designated as INTEL RESTRICTED SOURCE CODE at a deposition or at trial may not make copies of the material for this purpose without Intel's written consent in advance. Receiving Parties not having such advanced consent must provide Intel with seven (7) day's advance notice of their need for printed copies of the source code and identify the required material by production number or other effective means. Upon receipt of the request, Intel must either authorize Receiving Party to prepare copies for use in the deposition or agree to supply copies of the relevant INTEL RESTRICTED SOURCE CODE Material on the day of the deposition. At the conclusion of the deposition copies of the INTEL RESTRICTED SOURCE CODE Material prepared for a deposition will be returned to Intel or destroyed at the conclusion of the deposition. Copies of INTEL RESTRICTED SOURCE CODE Material will not be attached to any transcript of the deposition. Any copies of INTEL RESTRICTED SOURCE CODE Material prepared for use at trial that are not admitted into evidence shall be destroyed or returned to Intel at the conclusion of the trial.

*7 (e) A Receiving Party that wants to file or otherwise submit any INTEL RESTRICTED SOURCE CODE to the Court in connection with a filing may, no earlier than 24 hours prior to the relevant filing, make only as many copies, and only of the specific pages as needed, for submission to the Court, shall file any and all such copies of the code or schematics with an application to file under seal and shall immediately provide Intel with notice of their use of the INTEL RESTRICTED SOURCE CODE.

(f) A Receiving Party may make copies of short excerpts of INTEL RESTRICTED SOURCE CODE for the sole purpose of providing these excerpts as exhibits to a pleading, or other Court document filed with the Court under seal in accordance with the Court's rules, procedures, and orders. To the extent it is necessary to reference INTEL RESTRICTED SOURCE CODE in an expert report or other discovery document, such excerpts shall be limited to the minimum amount necessary to provide support for the specific argument made, but in no event may any excerpt exceed more than five lines of source code. Documents containing such excerpts are themselves to be treated as INTEL RESTRICTED SOURCE CODE Material. Longer excerpts shall not be copied for use in court documents but shall be referred to by citation to production page numbers and lines. A Receiving Party shall provide notice to Intel or its counsel for each occasion on which it submits portions of INTEL RESTRICTED SOURCE CODE in a pleading or other Court document.

Any Material designated INTEL OUTSIDE COUNSEL RESTRICTED or INTEL RESTRICTED SOURCE CODE is subject to a PROSECUTION BAR. Any of Plaintiff's Outside Counsel or an Outside Consultant retained by Plaintiff who has access to any such Material from Intel shall not be involved in the prosecution of patents or patent applications relating to speech codecs from the time of receipt of such Material through and including one year following the entry of a final, non-appealable judgment or order or the complete settlement of all claims against all parties in the actions. In addition, any person subject to this PROSECUTION BAR shall not have any involvement in the prosecution of any patent applications filed, re-examination, or claiming priority from any application filed, prior to one year following the entry of a final non-appealable judgment or order or the complete settlement of all claims against all parties in the actions that relate to speech codecs.

Despite the access restrictions set forth in Sections 7 through 11, but otherwise subject to the requirements set forth in this Supplemental Protective Order, INTEL CONFIDENTIAL or INTEL OUTSIDE COUNSEL RESTRICTED Designated Intel Material, and such copies as are reasonably necessary for maintaining, defending, or evaluating this litigation, may be furnished and disclosed to Professional Vendors as defined in Definition L. Before disclosing any Designated Intel Material to any person or service described in this paragraph, Outside Counsel for the Receiving Party shall first obtain from such person or service a written Confidentiality Agreement, in the form attached hereto as Exhibit A. Such written agreement shall be retained by Outside Counsel for the Receiving Party, but need not be disclosed to the Designating Party until the conclusion of the case.

No Designated Intel Material shall be transmitted or transported outside of the United States, or communicated to any recipient under this agreement who is located outside of the United States, for any purpose without the express written permission of the Designating Party. Nothing in this Protective Order shall prohibit the transmission or communication of INTEL OUTSIDE COUNSEL RESTRICTED Material between or among authorized recipients: (a) by hand delivery; (b) in sealed envelopes or containers via the mails or an established overnight, freight, delivery, or messenger service; or (c) subject to Section 14 below, by telephone, facsimile, or other electronic transmission system, where, under the circumstances, there is no reasonable likelihood that the transmission will be intercepted or misused by any person who is not an authorized recipient. The Parties may not transmit or transport INTEL RESTRICTED SOURCE CODE without Intel's prior consent.

*8 The Receiving Party shall ensure that any Designated Intel Material is not accessible or transmitted over any electronic system or connection (e.g., the Internet, electronic mail) that does not ensure compliance with Sections 7 through 12 of this Supplemental Protective Order.

(a) Confidentiality Agreement. An Outside Consultant's access to Designated Intel Material shall be subject to the terms in this section, including the notice-and-objection provisions below, and the requirement that the Outside Consultant execute the Confidentiality Agreement attached hereto as Exhibit A. The Confidentiality Agreement shall be retained by Outside Counsel for the Party that retained the Outside Consultant, and shall be provided to Intel upon request.

(b) Written Notice. Before a Receiving Party may disclose, directly or indirectly, any Designated Intel Material to an Outside Consultant, the Receiving Party must give written notice to Intel of the following information as it relates to the Outside Consultant:

(c) Objection. A Party that makes a written notice and provides the information specified in the preceding paragraph may disclose the Designated Intel Material to the identified Outside Consultant unless, within seven (7) business days of the written notice (plus three (3) additional business days if notice is given other than by hand delivery, email, or facsimile transmission), the Producing Party objects in writing.

(d) Judicial Intervention. If an objection is made, the parties shall meet and confer to try to resolve the dispute by agreement. If no agreement is reached, the objecting Party may move the Court for an order that access to INTEL CONFIDENTIAL, INTEL OUTSIDE COUNSEL RESTRICTED, or INTEL RESTRICTED SOURCE CODE Material be denied to the objected to individual, or other appropriate relief. Unless and until the Court determines otherwise, no disclosure of any such Designated Intel Material shall be made by the Receiving Party to any Outside Consultant to whom an objection has been made.

All transcripts, exhibits, discovery responses, pleadings, briefs, and other Material submitted to the Court that contain or disclose Designated Intel Material shall be filed under seal. The filing shall include the words “CONFIDENTIAL—FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER,” and a statement substantially in the following form: “This document contains confidential information filed in this case by (name of Party) that may be confidential to Intel and is not to be opened nor the contents thereof displayed or revealed except by order of the Court presiding over this matter. The material is designated as Confidential or Restricted to Intel. (Name of Party) has notified Intel on (date notice was given) that these documents would be filed accompanied by a request for sealing.” In addition, the first page of any Material filed under seal shall include the conspicuous legend: “CONFIDENTIAL—FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER.”

*9 The Party submitting the document for filing shall provide notice to Intel that a request has been made to file Intel documents under seal and the identity of those documents. This notice shall be given two (2) days prior to filing, if possible, and in any event no later than contemporaneous with the filing of the document.

(a) Except as otherwise ordered by the Court, any deposition or trial witness may be examined and may testify concerning INTEL CONFIDENTIAL, INTEL OUTSIDE COUNSEL RESTRICTED, or INTEL RESTRICTED SOURCE CODE Designated Intel Material of which such person has prior knowledge. Without in any way limiting the generality of the foregoing:

*10 Intel and any Party may stipulate to exceptions from this Supplemental Protective Order. Nothing in this Supplemental Protective Order shall be deemed to preclude any Party from seeking and obtaining, on an appropriate showing, additional protection with respect to the confidentiality of Material or relief from this Supplemental Protective Order with respect to particular Designated Intel Material.

Unless otherwise ordered or agreed in writing by Intel, within sixty (60) days after a final, non-appealable judgment or order, or the complete settlement of all claims asserted against all parties in this action, each Receiving Party must return all Designated Intel Material to Intel. As used in this section “Designated Intel Material” includes Designated Intel Material and any derivatives therefrom, including, but not limited to, all copies, abstracts, compilations, summaries, notes, or any other form of reproducing, referring to, or capturing any portion of the Designated Intel Material. The Receiving Party's obligation to return Designated Intel Material received from another Party extends to Designated Intel Material the Receiving Party disclosed to others pursuant to this Supplemental Protective Order. With written permission from Intel, the Receiving Party may destroy some or all of the Designated Intel Material instead of returning it. Whether the Designated Intel Material is returned or destroyed, the Receiving Party must submit a written certification to Intel by the sixty (60) day deadline that identifies (by category, where appropriate) all the Designated Intel Material that was returned or destroyed and that affirms that neither the Receiving Party nor others to which the Receiving Party disclosed Designated Intel Material has retained any Designated Intel Material (or otherwise identifies any person or entity that has failed to return or destroy such Designated Intel Material). Notwithstanding this section, counsel are entitled to retain an archival copy of all pleadings, motion papers (including all supporting and opposing papers and exhibits and declarations thereto), transcripts, legal memoranda, correspondence, briefs (including all supporting and opposing papers and exhibits and declarations thereto), written discovery requests and responses, exhibits offered or introduced into evidence at trial, or attorney work product. Any such archival copies remain subject to this Supplemental Protective Order as per Section 21.

The parties acknowledge that any breach of this Supplemental Protective Order may result in immediate and irreparable injury for which there is no adequate remedy at law. If anyone violates or threatens to violate the terms of this Supplemental Protective Order, the parties agree that Intel or any aggrieved Party may immediately apply to obtain injunctive relief against any such violation or threatened violation, and if the aggrieved Party does so, any respondent who is subject to the provisions of this Supplemental Protective Order may not employ as a defense that the aggrieved Party possesses an adequate remedy at law.

The terms of this Supplemental Protective Order shall survive the final termination of the actions to the extent that any Designated Intel Material is not or does not become known to the public. This Court shall retain jurisdiction over this action for the purpose of enforcing this Supplemental Protective Order. The parties agree that any order of dismissal of the actions as to any or all parties shall include specific provisions that the Court retains jurisdiction to enforce the terms of this Supplemental Protective Order following dismissal, but that this Supplemental Protective Order shall remain in effect even if the order of dismissal does not explicitly so state. Each Party hereby consents to the personal jurisdiction of the Court for that purpose.

*11 Each Party agrees to be bound by the terms of this Supplemental Protective Order as of the date it executed the Order below, even if prior to entry of the Order by the Court.

If a Receiving Party is served with a subpoena or a court order that would compel disclosure of any Designated Intel Material, the Receiving Party must so notify Intel and any other Designating Party, in writing (by hand delivery, fax, or email) promptly and in no event more than ten (10) days after receiving the subpoena or order. Such notification must include a copy of the subpoena or order. The Receiving Party also must immediately inform in writing the party who caused the subpoena or order to issue that some or all the material covered by the subpoena or order is subject to this Supplemental Protective Order. In addition, the Receiving Party must deliver a copy of this Supplemental Protective Order promptly to the party in the other action that caused the subpoena or order to issue. The purpose of imposing these duties is to alert the interested parties to the existence of this Supplemental Protective Order and to afford Intel and the Designating Party in this case an opportunity to try to protect its confidentiality interests in the court from which the subpoena or order issued. Intel shall bear the burdens and the expenses of seeking protection in that court of its Designated Intel Material. Nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from another court.

If Designated Intel Material also includes party confidential business information, the Designated Intel Material shall be subject to the restrictions of both this Supplemental Protective Order and the case Protective Order (Dkt. 151). To the extent there is any confusion or conflict between the protective orders, then this Supplemental Protective Order governs.

IT IS SO ORDERED.

I, __________________________________________________, state:

1. I reside at __________________________________________________.

2. My present employer is __________________________________________________.

3. My present occupation or job description is __________________________________________________.

4. I agree to keep confidential all information and material provided to me in the matter of [CASE NAME] and to be subject to the authority of the [COURT] in the event of any violation of this agreement or dispute related to this agreement.

5. I have been informed of and/or read the [Stipulated] Protective Order (“Order”) dated [DATE], and understand and will abide by its contents and confidentiality requirements. I will not divulge any confidential information or material to persons other than those specifically authorized by the Order. I will not use any confidential information or material in any manner not expressly allowed by the Order.

6. I state under penalty of perjury under the laws of [RELEVANT JURISDICTION] that the foregoing is true and correct.

*12 Executed on ____________________, 20___.

__________________________________________________

Signature